Moses v. Burleigh County’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"State policy against discrimination. It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, or status with regard to marriage or public assistance; to prevent and eliminate discrimination in employment relations, public accommodations, housing, state and local government services, and credit transactions; and to deter those who aid, abet, or induce discrimination, or coerce others to discriminate."”

   2 later decisions quote this exact passage
   e.g. Swenson v. Northern Crop Insurance, Inc. · Schweigert v. Provident Life Insurance Co.

2. “First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant `to articulate some legitimate, nondiscriminatory reason for the [employment decision].' Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.”

   1 later decision quote this exact passage
   e.g. Schweigert v. Provident Life Insurance Co.

3. “[i]t is a discriminatory practice for an employer to ... discharge an employee ... because of ... sex....”

   1 later decision quote this exact passage
   e.g. Schweigert v. Provident Life Insurance Co.